Social Court Berlin: Couple could not get documents earlier
In individual cases, a widow can also be entitled to a widow's pension if the marriage to her deceased husband lasted less than a year. According to a judgment of the Social Court (SG) Berlin announced on Friday, September 29, 2017, this applies, for example, if the wedding had been planned for a long time, but the bride and groom could not get the necessary documents faster (file number: S 11 R 1839 / 16).
With this, the social court confirmed a woman from Ukraine. She met her future husband in 2007. In December 2010, he was diagnosed with an advanced cancer. The two married at the end of March 2011, and just over two months later the man died in early June 2011.
For the pension insurance, this was a clear case of a so-called pension marriage, which was concluded solely to care for one of the spouses. According to the law, this is presumed if the marriage lasted less than a year before the death of one of the partners.
But here the woman was able to refute this presumption, the social court found. The couple had tried long before the fatal diagnosis to obtain the necessary papers for marriage. The registry office had confirmed that both had inquired much earlier about which papers were necessary for a German to marry a Ukrainian.
Getting the papers was particularly difficult here because it was the second marriage for both of them. The woman had to wait several months for documents from the Ukraine.
In its judgment of September 11, 2017, the Berlin Social Court was therefore convinced that the couple actually wanted to get married long before the cancer was diagnosed. Therefore, the woman is entitled to the widow's pension.
Similarly, the Berlin Social Court had already ruled in 2012 in a case in which the planned wedding had to be postponed again and again because the husband's divorce proceedings had dragged on for five years from his previous wife (judgment of May 30, 2012, ref .: S 11 R 5359/08; JurAgentur notification from June 14, 2012).
For civil servants, the Federal Administrative Court had also ruled that the presumption of a marriage of convenience can be refuted if the marriage was actually planned long before a serious illness, but was then postponed "for realistic reasons" (judgment and JurAgentur report of January 28th 2016, ref .: 2 C 21.14).
However, a marriage of convenience can also exist if it has lasted more than a year. The Administrative Court in Trier accepted this from a former professor who suffered from several serious illnesses and had married a woman 30 years younger at the age of 83 (judgment of July 5, 2016, file number: 1 K 940 / 16.TR; JurAgentur- Notification dated July 20, 2016). mwo / fle